Allahabad High Court
BHAIRAV @ SADHU @ JHALLARversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The Court ordered the applicant to surrender within one month, barred his arrest during that period, and directed the trial court to dispose of his bail application expeditiously, thereby disposing the Section 528 BNSS application.
Summary
The applicant, Bhairav @ Sadhu @ Jhallar, filed an application under Section 528 of the BNSS seeking to quash the proceedings of Case No.292 of 2015 (arising from NCR No.41 of 2014 under Sections 504 and 506 IPC) and to obtain protection while surrendering before the trial court. The State opposed the quash but indicated no objection to granting temporary protection if the applicant surrenders. The Court, noting the applicant’s alternative prayer, directed that he surrender within one month and that any bail application filed thereafter be disposed of expeditiously, in line with the Supreme Court guidelines in Satender Kumar Antil v. CBI. Additionally, the Court ordered that the applicant not be arrested in the matter for the same one‑month period or until surrender, whichever is earlier. The application under Section 528 BNSS was consequently disposed of.
Issues considered
- Whether the applicant is entitled to protection under Section 528 BNSS pending surrender before the trial court
- Whether the bail application should be expedited as per Supreme Court guidelines
- Whether the applicant can be barred from arrest for a specified period
Legislation cited
- Bail and No‑Objection Section (BNSS) — s. 528
- Indian Penal Code — s. 504, 506
Subjects
- bail
- Section 528 BNSS
- quash proceedings
- non‑arrest order
- expeditious bail disposal
- IPC 504
- IPC 506
- surrender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 11858 of 2026
Bhairav @ Sadhu @ Jhallar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Tiwari, Shivendra Singh
Counsel for Opposite Party(s) : G.A., K.K. Rao, Sarvjeet Singh
Chauhan
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State and perused the record.
2. This application under Section 528 BNSS has been filed by the
applicant to quash entire proceedings of Case No.292 of 2015, arising out
of NCR No.41 of 2014, under Sections 504 and 506 I.P.C., Police Station
Bargarh, District Chitrakoot as well as charge-sheet dated 19.07.2015 as
well as cognizance order dated 08.09.2015.
3. Learned counsel for the applicant stated that he is not pressing any
other prayer made in this application on merits and prayed that a direction
at the outset may be issued to the concerned Trial Court to consider and
decide the bail application of the applicant expeditiously.
4. Learned A.G.A. for the State submits that in case the applicant is not
pressing the relief as sought for by him on merits and want to surrender
before the concerned court below, he has no objection in granting
protection to him for a short period.
5. In view of above, considering the aforesaid alternative prayer made by
learned counsel for the applicant, it is directed that the applicant shall
surrender before the concerned court below within one month from today
and in case, he applies for bail, the bail application of the applicant shall
be disposed of expeditiously by the Trial Court in accordance with law,
NA528 No. 11858 of 2026
2
after hearing the informant, keeping in view the guidelines as laid down
by the Apex Court in the case of Satender Kumar Antil vs. Central
Bureau of Investigation and another, reported in (2021) 10 SCC 773.
6. For the period of one month from today or till the time of surrender of
the applicant before the concerned Trial Court, whichever is earlier,
applicant shall not be arrested in the above case.
7. With the above observations and directions, this application under
Section 528 BNSS is disposed of.
(Sanjiv Kumar,J.)
May 7, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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